This article indulges in a laconic critique of the newly introduced 2015 Indian Model BIT, focussing on certain standards of protection offered to the investors. Comparisons are drawn with its predecessor viz., the 2004 Model BIPA. This paper emphatically argues, that in the present atypical form the Model BIT is pragmatically inefficacious, and lopsided, as it only inaptly and parochially expresses India’s current apprehensions as a host contracting state. It needs to be even-keeled, protecting Indian investors as well, in order to be acceptable in the future to other countries. Otherwise, the author suggests, that it is better to discontinue India’s BIT Program, rather than have a hypocritical approach to it.
Business Law Review